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Student Code of Conduct

The Student Code of Conduct shall apply to conduct that occurs on University premises, at University-sponsored activities and off-campus conduct.

The Code applies to any setting wherein the student is present as a representative of St. John's University. Each student shall be responsible for his or her conduct from the time of admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment. The Student Code of Conduct shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending.

Section A: Amnesty

The health and safety of every student at St. John’s University is of utmost importance. St. John’s University recognizes that students who have been drinking or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. St. John’s University strongly encourages students to report domestic violence, dating violence, stalking or sexual assault to a member of the University community. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking or sexual assault to a member of the University community or law enforcement shall not be subject to Student Code of Conduct action for violations of the Alcohol or Drugs policy occurring at or near the time of the commission of the domestic violence, dating violence, stalking or sexual assault.

Section B: Student Code of Conduct

The following behaviors do not meet the expectations of a student or student organization at St. John's University, and are therefore considered violations of the Student Code of Conduct and are subject to disciplinary action.

Alcohol

The sale, use, distribution, consumption, or procurement of alcoholic beverages on University premises is prohibited, except when student attendance is permitted at a University-sponsored event. The sale, use, distribution, consumption or procurement of alcoholic beverages for anyone who is under the age of twenty-one (21); being in the presence of alcohol on University premises; suspicion of alcohol intoxication; the use of false identification to procure alcohol. Students are expected to abide by all federal and state laws regarding alcohol.

Assault

Intentionally inflicting bodily harm upon any person; taking reckless action that results in harm to any person; or threatening by any means of transmission the use of force to harm or injure any person.

Civil/Criminal Law

Compliance

Failure to comply with the directions or requests of a member of the University community acting in the performance of his or her duties. Failure to comply with written directives such as a No Contact Order.

Compliance with Emergency RegulationsFailure to comply with specific emergency regulations and evacuation procedures for buildings on University premises.

Compliance with Student Conduct ProcessFailure to complete the sanctions imposed on a student who previously participated in the student conduct process.

Complicity

Attempts to commit acts prohibited by the Student Code of Conduct or encouraging others to commit acts prohibited by the Student Code of Conduct may be addressed to the same extent as completed violations. A student may be found complicit if he or she is aware of a violation of the Student Code of Conduct and has the ability to report the violation, but fails to do so or fails to remove oneself from reasonable proximity of the violation.

Computing and Cyber Harassment

Using information and communication technologies as means of intimidation, harassment, or unwarranted interruption. This includes, but is not limited to, email, social media, the Internet, smartphone or tablet applications, cellular phones and video recorders. The procurement and/or transmission of videos or photographs of another individual without his or her expressed permission are prohibited.

Disorderly Conduct

Drugs

The use (or being in the presence of the use), possession, distribution or manufacturing of narcotic or dangerous drugs or any illegal or controlled substances, except as expressly permitted by law or those prescribed by a physician and kept in their labeled containers. Being in the presence of narcotic or dangerous drugs and/or illegal or controlled substances on University premises or off-campus is prohibited. Use, possession, distribution, or the manufacturing of plants or chemicals to induce an altered state of consciousness is prohibited. Students are expected to abide by all federal and state laws regarding illegal or controlled substances.

False Reporting of an Emergency

Fire Safety

Tampering with or misusing fire alarms or obstructing the functioning of fire alarms, fire exits, fire-fighting equipment, smoke/heat detectors and sprinkler systems on University premises. Additionally, causing or creating a fire; the use of all open flame devices such as (but not limited to): incense, candles, kerosene lamps, hibachis, and barbecue grills; the use of natural trees or wreaths; and the use of any and all fireworks.

Harassment

Hazing

Hazing is defined as any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes including, but not limited to, initiation or admission into or affiliation with any student organization. Individuals who witness hazing while not actively participating may be held accountable for their actions or inactions. Hazing includes, but is not limited to:

behavior could be seen by a reasonable person as pressuring or coercing the student into violating state or federal law;

any brutality of a physical nature, such as whipping, beating, branding, exposure to the elements, forced consumption of any food, alcohol, liquor, drug, or other substance, or other forced physical activity that could adversely affect the physical health or safety of the student;

any activity that would subject the student to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct that could result in extreme embarrassment, or other forced activity that could adversely affect the mental health or dignity of the student;

destroys or removes public or private property; or

violates any University policy.

St. John’s will not consider a defense of a Hazing allegation when the accused student or student organization claims that (1) any or all participants consented to the documented conduct; (2) the conduct was not part of an official organizational event or otherwise sanctioned or approved by the student organization; or (3) the documented conduct or activity was not an explicit condition of membership to or affiliation with a student organization.

Intimate Partner Violence

Intimate partner violence refers to any physical, sexual, or psychological harm against an individual by a current or former partner or spouse of the individual. In addition, this policy includes any willful intimidation, battery or sexual assault committed by a family member, household member, domestic partner, or intimate partner and is prohibited. This policy also includes harm against individuals in heterosexual and same-sex relationships but does not require sexual intimacy between the individual and such partner/spouse.

Pets

Retaliation

Retaliation for reporting any allegations of student misconduct is in itself a violation of the Student Code of Conduct. This also protects retaliation against any participant in the student conduct process. The University will take strong action if retaliation occurs against an individual who files a complaint or third-party report, or any individual who participates in the investigative and/or disciplinary process (e.g., as a witness). Incidents of retaliation should be reported to the Office of Student Conduct immediately.

Residence Hall Policies and Procedures

Sexual Misconduct

St. John’s University does not tolerate and prohibits sexual misconduct and gender discrimination. The University is committed to address these behaviors, as they are antithetical to our mission, values and standards. Sexual misconduct involves a range of behaviors including sexual assault, sexual harassment, intimate partner violence, sexual exploitation, sexually inappropriate behavior and any other conduct of a sexual nature that is nonconsensual, or has the effect of threatening, intimidating, or coercing a person. Sexual misconduct can be committed by individuals of any gender, and it can occur between individuals of the same gender or different genders. It can occur between strangers or acquaintances, as well as people involved in intimate or sexual relationships. The consumption of alcohol or the use of illegal substances does not constitute a mitigating circumstance when it contributes to a violation regarding sexual misconduct. For more information, please see Sexual Assault: You Are Not Alone (PDF).

Affirmative consent is a knowing, voluntary and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity, or gender expression.

Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Consent may be initially given but withdrawn at any time. Consent cannot be given when a person is incapacitated, which occurs when the individual lacks ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if the individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs or other intoxicants may be incapacitated and therefore unable to consent. Consent cannot be given when it is the result of any coercion, intimidation, force or threat of harm. When consent is withdrawn or can no longer be given, sexual activity must stop.

Sexually Inappropriate Conduct: Unwelcome sexual conduct that may not rise to the level of sexual harassment or sexual exploitation, but that is sexual in nature. Examples include, but are not limited to, posting or showing sexually explicit or offensive material; an isolated occurrence of obscene or sexually offensive gestures and comments; lewdness; exposure of one’s self to another person without that person’s consent.

Sexual Exploitation: Any act whereby one person violates the sexual privacy of another, takes sexual advantage of another who has not provided consent or exposure of one’s self to another person without that person’s consent. Sexual exploitation occurs when the perpetrator acts for his or her own advantage or benefit, or for the benefit or advantage of anyone other than the person being exploited. Sexual exploitation also includes recording, photographing, transmitting, viewing or distributing intimate or sexual images or sexual information without the knowledge and consent of all parties involved, or observing others who are engaged in intimate or sexual situations without permission.

Sexual Harassment: Unwelcome sexual advances, requests for sexual favors and other gender-based verbal or physical conduct that is severe, persistent or pervasive enough to unreasonably interfere with an individual’s educational experience or living conditions. Sexual harassment also occurs when submission to or rejection of such conduct denies or limits someone’s ability to participate in or benefit from any University educational program or activity; or by creating an intimidating, hostile or offensive environment for another person.

Nonconsensual Sexual Contact: Any intentional sexual contact with another person, however slight, that occurs without that person’s consent. This includes oral or genital contact not involving penetration; forceful use of an object not involving penetration; contact with the breasts, buttocks or genital area, (including over a person’s clothing); removing the clothing of another person without consent; or kissing without consent. Sexually touching another individual by the threat of force, or intentional contact of a sexual nature with a person who is incapacitated at the time, is also considered nonconsensual sexual contact. This also includes other intentional actions that may be construed has having a sexual nature. Nonconsensual sexual contact is a form of sexual assault.

Nonconsensual Sexual Penetration: Any act of oral, vaginal or anal penetration by a person’s penis, finger, body part, or an object without consent. Any such act involving force or duress, or that occurs with an incapacitated individual, will be deemed especially egregious. Nonconsensual sexual penetration is a form of sexual assault.

Smoking

The use of any product or device conducive to the act of smoking, including (but not limited to) cigarettes, cigars, electronic cigarettes, water pipes and vaporizers. Smoking is prohibited in all University buildings. Smoking is prohibited outdoors within thirty (30) feet of building entrances and open windows. Students must follow smoking regulations for all University premises.

Solicitation

Stalking

Stalking refers to occasions where an individual travels with the intent to kill, injure, harass or intimidate another person, or when an individual willfully and repeatedly engages in a knowing course of conduct directed at another individual or group of people that a reasonable observer may consider to alarm, torment, or terrorize the recipient. Such behavior is prohibited regardless of the relationship between individuals. Any behavior or activity that causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to another individual may be considered stalking behavior.

Theft

Attempted or actual theft of personal, private or public property, either on-campus or off-campus. This includes, but is not limited to, property of the University; property of a member of the University community; property of a campus visitor while on University premises or at University-sponsored activities.

University Facilities

University Identification

The misuse or transfer of University identification, the StormCard. This includes but is not limited to transfer of the StormCard to use the meal plan; to gain entry to University buildings; or to use any of the accounts on the StormCard in order to procure University services. StormCards must be carried at all times on University premises. Lending a StormCard to anyone or failure to present it when requested by a member of the University community are considered to be violations.

University Name and Related Graphics

Students of the University, whether individually or collectively, shall not use the name of St. John's University or the names of its units for any activity outside the regular work of the University without written consent of the appropriate member of the University community. The crest and seal of St. John's University are exclusive property of St. John's University. The use of the crest and/or the seal is prohibited except with the expressed permission of the Secretary of the University.

Weapons and Explosives

The University expressly prohibits on University-owned or controlled property or at University-sponsored functions the possession, display, use or distribution of any weapon to include any firearm (including air-or gas-powered firearms), pistol, revolver, shotgun, rifle, assault weapon, ammunition, explosive, firework, stun gun, switchblade and other automatic knife, and other deadly or dangerous weapons, such as are defined in New York Penal Law Article 265. This prohibition extends to imitation firearms and other objects that can be construed or used as weapons, and to items that pose a potential hazard to the safety or health of others; and unauthorized hazardous materials or chemicals. Exceptions to this policy, particularly for educational or performance purposes, must receive specific, written authorization from the Vice President of Public Safety.